We are accredited by the CCMA in terms of the Labour Relations Act, 1995 as amended, to resolve labour disputes between employers and employees through:
Our panelist (commissioner) meets with the parties in a dispute to explore ways to resolve a dispute through mutual agreements. At Conciliation, the Commissioner will only guide the parties in an attempt to settle their dispute and there is no obligation in the process for parties to reach an agreement.
In an Arbitration, a formal process is followed where the Commissioner presides over a dispute (like judges in a court of law), and his/her duty is to listen to the evidence presented by both parties to decide the outcome(Arbitration Award). The decisions taken by Commissioners at Arbitrations are binding to all parties and can only be reviewed at the Labour Court.
This process combines both conciliation and arbitration processes to be held on the same day. The Commissioner’s will attempt to assist parties settle their dispute through Conciliation, and should it fails, the matter automatically moves to Arbitration.
This process substitutes a normal disciplinary inquiry. The commissioner is assigned to chair a disciplinary inquiry using the arbitration rules, and after considering evidence presented by both parties, he/she make a decision (issue an arbitration award) which is binding to both parties.
Scope of Service:
We provide our clients with effective and efficient labour dispute resolution services on matters emanating from:
Unfair dismissal disputes, section 191;
Unfair labour practices, section 191;
Mutual interest disputes, section 64;
Interpretation of Collective Agreement Disputes, section 24(1);
Essential Services disputes, section 74;
Inquiry by the arbitrator, section 188A; and
Disputes about Interpretation and Application of Chapter 2, section 9.
We utilize the services of part-time CCMA Commissioners whose decisions are binding on the parties in that such decisions have the same force and effect as those made under the CCMA’s direct administration or any Bargaining Council.
We offer a range of value adding services through our alternative dispute resolution (ADR) services to complement the functions of clients' human resources or labour relations department(s). Our services include:
Disciplinary Inquiry Presiding
Disciplinary Inquiry Prosecution
Facilitation
Mediation
Legal Advice
Labour Law Compliance